Council prosecution ‘a shambles’, dog owner claims
A Cashmere man described a Christchurch City Council prosecution as a shambles and a farce before he was ordered to pay a fine and costs totalling $455 for walking his dog without a leash.
Michael Bruce Stringer, 64, tried to defend himself in the hearing before Justices of the Peace at the Christchurch Court House, but in the end the infringement was found proved.
Stringer tried to ask questions and make submissions but most of that was ruled as irrelevant.
When he told one witness his evidence was “bollocks”, JP Bob McGregor told him: “I don’t want any argy-bargy going on, thank you.”
When he went into the witness box in his defence, he shuffled through papers and then said he had nothing to say.
When City Council prosecutor Jamie Ling questioned him about whether he had walked his dog about 5.30am on February 27, in Victoria Park where dogs are required to be on a leash, he replied: “I may have. I do it regularly.”
Wayne Stackhouse had given evidence of being out running with his wife when he saw Stringer with his large German shepherd dog not on a leash. He saw him cross Takahe Drive and in Victoria Park.
Stringer disagreed that Mr Stackhouse would have been able to see him in the park, but Mr Stackhouse said he was quite close.
“I felt nervous around the dog,” he told the court. “I have spoken to him in the past and told him he should have the dog on a lead.”
Evidence was given by dog control officer Rowyn Hocking of taking the complaint, and interviewing Stringer. He admitted he often walked his dogs off a leash. He was issued with a $300 infringement notice.
The case ended up at court when Stringer refused to pay.
Stringer said in his closing statement that the council had failed to establish that it was his dog, but the JPs ruled that had been proved.
Stringer told the court that he believed the prosecution had been “initiated and executed by the council” on behalf of one man who had taken offence at something Stringer said to him. “He appears to have hounded the council to get this result.”
Stringer said he believed the infringement penalty was “grossly over the top and out of all proportion”.
Miss Ling said the council regarded it as low level offending but Stringer had shown no remorse. She asked for a $400 fine, plus costs. Instead, the JPs imposed a $300 fine, plus costs.
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